a.   Normally, an appeal concerning a decision of in violation or not in violation by a conduct board will be successful only if clear and convincing new evidence is presented in the appeal. A successful appeal based on new evidence may result in the case being referred to a conduct board for a re-hearing. The Vice Chancellor for Student Development also may accept the appeal and dismiss the charge.

b.   An appeal seeking to modify a sanction recommended by a conduct board will be successful only if clear and convincing evidence is advanced to show that the sanction does not meet the test of reasonableness and fairness, it is demonstrated that there was a gross procedural error that prevented a fair hearing, or there is new information concerning the alleged misconduct. A successful appeal will normally result in the Vice Chancellor for Student Development modifying or rescinding the sanction. In modifying sanctions, the Vice Chancellor for Student Development will utilize the guidelines set forth in Article VI; however, he or she may modify the sanction in any form, including increasing the sanction, or dismissing the charge altogether.

c.   A successful appeal of a case that was considered administratively by a Conduct Review Officer will usually result in the case being referred to a conduct board to be considered on its merits.

d.   Subsequent to a decision by the Vice Chancellor for Student Development, any further appellate opportunities shall be governed by the Code of the University of North Carolina.